Constitutional Law Commons^™

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection of …

State Monopolies Of A Commercial Character (Article 37 Of The Eec Treaty) And Their Importance In Connection With Portugal's Accession To The European Communities, Maria I. Jalles

Georgia Journal of International & Comparative Law

No abstract provided.

May 25, 2015: The Future Of The Roman Catholic Church, Bruce Ledewitz

Hallowed Secularism

Blog post, “The Future of the Roman Catholic Church“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Rethinking The Law Of Interrogations And Confessions In Canada, Fariborz Davoudi

PhD Dissertations

This thesis is a discussion about the inadequacy of the Canadian confessions rule in light of what modern forensic psychology reveals about the human mind, and the propensity of legally-sanctioned interrogation tactics to cause suspects to make false confessions. Contemporary forensic psychology research makes it clear that many of the techniques used in police interviewing and interrogation can have the effect of subverting or overbearing an individuals free-choice and can cause them to make a false confession. Yet many of these same techniques are considered acceptable according to the Canadian law of voluntariness.

This thesis examines the confessions rule and …

May 23, 2015: Finally, A Krugman Column On The Trade Pact, Bruce Ledewitz

Hallowed Secularism

Blog post, “Finally, a Krugman Column on the Trade Pact“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Section 1983 Cases Arising From Criminal Convictions, Gail Donoghue

Touro Law Review

No abstract provided.

Prosecution Of Excessive Force Cases: Practical Considerations, Stephen M. Ryals

Touro Law Review

No abstract provided.

Supreme Court 2000-2001 Term: First Amendment Cases, Erwin Chemerinsky

Touro Law Review

No abstract provided.

New Issues Arising Under Section 1983, Martin A. Schwartz

Touro Law Review

No abstract provided.

The Constitution And Revenge Porn, John A. Humbach

Pace Law Review

While the Supreme Court has recognized a number of circumstances that justify government impingements on free expression, the Court has been extremely reluctant to permit speech restrictions that discriminate based on a message’s content, its viewpoint, or the speaker. It has nearly always refused to tolerate such discrimination unless the case falls within one of the several historically established exceptions to First Amendment protection. Because of the special place that the modern First Amendment cases accord to content discrimination (and the allied discriminations based on viewpoint and speaker), any statutes designed specifically to outlaw revenge porn as such would seem …

Tinkering With Success: College Athletes, Social Media And The First Amendment, Mary Margaret Meg Penrose

Pace Law Review

Good law does not always make good policy. This article seeks to provide a legal assessment, not a policy directive. The policy choices made by individual institutions and athletic departments should be guided by law, but absolutely left to institutional discretion. Many articles written on college student-athletes’ social media usage attempt to urge policy directives clothed in constitutional analysis.

In this author’s opinion, these articles have lost perspective – constitutional perspective. This article seeks primarily to provide a legal and constitutional assessment so that schools and their athletic departments will have ample information to then make their own policy choices.

Transformation: Turning Section 2 Of The Voting Rights Act Into Something It Is Not, J. Christian Adams

Touro Law Review

No abstract provided.

Auxiliary Protections: Why The Founders’ Bicameral Congress Depended On Senators Elected By State Legislatures, Vince Eisinger

Touro Law Review

No abstract provided.

Five Justices Have Transformed The First Amendment’S Freedom Of Religion To Freedom From Religion, Gerald Walpin

Touro Law Review

No abstract provided.

Foreword, Congressman Lee Zeldin

Touro Law Review

No abstract provided.

May 19, 2015: Martin Heidegger’S Humanism, Bruce Ledewitz

Hallowed Secularism

Blog post, “ Martin Heidegger’s Humanism“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 18, 2015: Where Is The Democratic Party Leadership On Trade?, Bruce Ledewitz

Hallowed Secularism

Blog post, “Where Is the Democratic Party Leadership on Trade?“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

May 16, 2015: Philip Kitcher’S Life After Faith Attacks Transcendence, Bruce Ledewitz

Hallowed Secularism

Blog post, “Philip Kitcher’s Life After Faith Attacks Transcendence“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.

Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Judicial Activism’S Effect On Judicial Elections, Nick Fernandes

Student Scholar Symposium Abstracts and Posters

High profile Supreme Court cases have become increasingly commonplace, particularly with the Citizens United court decision granting unprecedented rights to corporations. Many in the media have decried these as examples of increasing “judicial activism”. This trend has trickled down to the state supreme courts as justices have increasingly played a more active role in developing policy. Gay marriage has become legalized in numerous states due to this trend. While public sentiment is unlikely to affect the appointed Supreme Court, it could have a substantial impact on state judicial elections.

This paper will specifically be looking at judicial elections in Kentucky. …